Tag Archives: Politics
Textualism is not Strict Constructionism is not Originalism
As President Donald Trump prepares to appoint a second Supreme Court justice, the national dialogue has been saturated with gossip over what judicial philosophy the next nominee might bring to the bench. For legal nerds, SCOTUS nominations are what the World Cup is to soccer fans: the one time everyone else cares about your passion. […]
The Crisis of Civic Illiteracy and Disengagement
For anyone remotely tuned-in to public dialogue on law and policy, the criticism that a proposed action is unconstitutional is a familiar one. But while some exclaim, “That’s unconstitutional!” others just as readily respond, “Who cares?” At least anecdotally, the honest answer to that question seems to be “some, but not others.” One may venture […]
Justice Don Willett’s Uncontroversial Commitment to the Constitution
The 1905 Supreme Court case Lochner v. New York has long been a lightning rod for the claim that unelected judges have no place in our Constitutional system striking down laws purporting to ensure public health and safety. The periled precedent played its part this week as UT Law student Noah Horwitz dutifully deployed it against […]
Taxation Tuesday: Don’t Try to Pass a Wealth Tax
Good morning; let’s talk about tax policy! One of the ways Senator Bernie Sanders has offered to finance his suggested health care plan is a wealth tax. A wealth tax does what it says on the box: taxes assets, as opposed to our current tax structure, which taxes income. This is far from the first […]
The Proposed “Ad Tax” Would be Unconstitutional Under Central Hudson
[This post originally appeared here on The Hill’s Opinion Blog on August 4, 2017.] Fox News and CNN have something in common: they both rely on advertising to promote their journalistic messages and to help generate revenue needed to carry out their missions. Historically, the expenses associated with such advertising have not been subject to […]
The TVPRA: Standing at the Watchtower of Human Freedom
If the TVPRA can bring together Democrats, Republicans, Catholic Bishops, immigrant support groups, and President Donald Trump, that is truly something worth celebrating. And for a bill to create such desperately needed unification over so fundamental a cause, how fitting it should bear the name of a man who dedicated his life to agitating the American conscience: Frederick Douglass.
House Member Chaffetz Wants You To Buy Him A House
Retiring Congressman Jason Chaffetz announced, on his way out the door, that he believes Congress should provide themselves a $2,500 housing allowance, in order to better cope with the obnoxious cost of DC accommodations. Since congressmen maintain a residence in the District in addition to their household commitments back home, the logic goes, the excessive […]
Crying Havoc
Continuing the long tradition of hackneyed attempts to “make Shakespeare relevant,” Shakespeare in the Park this summer chose to stage its production of Julius Caesar with an eye towards current events. The conqueror of Gaul was therefore rendered with ginger hair and a red tie worn long enough to conceal ones manhood. Considering the probable […]
The Way of the Gun
“The mountains are high, and the Emperor is far away.” In the opening paragraphs of To Kill A Mockingbird, Scout ponders the meaning of her brother’s broken arm. “It began with Andrew Jackson,” she decides: “if General Jackson hadn’t run the Creeks up the creek, Simon Finch would never have paddled up the Alabama,” and […]
Least Dangerous Blog 